Certificate of Occupancy

How to Get a Certificate of Occupancy in San Antonio

A Certificate of Occupancy is required for all businesses in San Antonio. Here is what the City actually asks for, the two different paths, and what trips people up.

By First Response SA Reviewed by [REVIEWER NAME] Updated San Antonio

Start with the part that surprises most business owners, in the City’s own words:

A Certificate of Occupancy is required for all businesses in the City of San Antonio. No building or structure can be used or occupied until our department has issued a Certificate of Occupancy.

There is no small-business exemption. And in a multi-tenant building, each tenant space obtains its own Certificate based on the approved use, so the fact that the suite next door has one does nothing for you.

The two paths, and why this is the first thing to figure out

Most of the confusion in this process comes from not knowing which of two situations you are in.

No change of use. The building already has a Certificate of Occupancy and your business use and occupancy match what is already on it. In this case Development Services can update the information on the existing Certificate. This is the cheaper, faster path.

Change of use. The occupancy or business use is changing from the previous tenant. Here you may be required to apply for a new Certificate. A retail suite becoming a restaurant is the textbook example, and it is also the most expensive version of this discovery, because it usually surfaces after the lease is signed.

The application asks this directly. One of the questions on the form is whether the use of the building or space is changing from the previous use. Your answer routes the whole project.

And there is a third category. Some business types always require a new Certificate, even when the proposed use of the space stays the same:

  • Bed and Breakfasts
  • Boarding Homes
  • Community Homes and Assisted Living Facilities
  • Head Shops
  • Live Entertainment
  • Salvage Yards and Metal Recycling Facilities
  • Transitional Homes

Those may also require Occupancy Classification Letters.

What the application actually asks

This is worth reading before you are sitting in front of it, because several questions have consequences.

About the business: name, address including building and suite number, owner, applicant, phone, email, and a detailed description of the business and its use.

About the situation:

  • Is the business currently in operation?
  • Is the use of the building or space changing from the previous use?
  • Is there an existing shared parking agreement?
  • Is there a Commercial Remodel Building Permit in review or inspections related to this application?
  • Are there any ongoing mechanical, electrical or plumbing permits?
  • Is there an existing fire sprinkler system? An existing fire alarm system?
  • Is this a warehouse, manufacturing, repair or maintenance shop, laboratory or hospital use?
  • Does the building or space currently have electrical power?
  • Will the use involve display or storage of products in racks, including retail use?
  • Will the space store or use hazardous materials as defined in the IFC?

That last group is not idle curiosity. Racking, hazardous materials and the presence or absence of sprinklers and alarms all connect to how the space gets classified.

The required items nobody warns you about

The application maps business types to required items. This is the part that turns a form into a project.

If your business involvesThe application names these required items
Food or drinkHealth Inspection, and a Parking Site Plan if there is a change of use
Childcare, school or nursing homeHealth Inspection and Parking Site Plan
Alcohol salesLocational Affidavit and Survey per Chapter 4 City Code, TABC license, Parking Site Plan
Gaming devicesGaming Device Affidavit and Parking Site Plan
Bed and BreakfastLocational Affidavit and Survey per UDC 35-374, Parking Site Plan
Head shopLocational Affidavit and Survey per UDC 35-377, Parking Site Plan
Transitional homeLocational Affidavit and Survey per UDC 35-390, Parking Site Plan
Automobile repair or body shopAffidavit for Automobile Repair
Boarding homeLicense issued by Code Enforcement
Salvage yard, metal recyclingLicense issued by Code Enforcement

Two things jump out of that table.

First, the drawing the application names is a Parking Site Plan, not a floor plan. It appears again and again. If you are opening a restaurant in a space that previously sold retail, that is a change of use, and a Parking Site Plan is on the list. A lot of business owners go looking for a floor plan at this stage because that is the word they have heard, and end up buying the wrong document. Floor plans absolutely come up in commercial projects, but they usually belong to the building permit and plan review side, not to the Certificate of Occupancy application itself.

Second, if you sell food or drink, a Health Inspection is a required item. That is a separate process with its own timeline, and it is a common reason a Certificate application sits waiting.

There is also a useful shortcut in the form for existing businesses: an applicant has the option of submitting a Verification of Operation Certificate issued by Land Development, the zoning side, in lieu of the affidavit.

Live entertainment is a zoning question first

If your business will have live entertainment, alcohol service with or without a cover charge, or operates as a bar, tavern or nightclub three or more days per week, the application routes you into a zoning matrix. Your zoning district determines whether the use is permitted outright, requires specific use authorization, or is not allowed at all. Traffic review of the site plan is also required.

The form even asks you to state the square footage of the building excluding kitchen, restrooms and storage, in order to determine whether your business could be considered a nightclub.

If this describes your project, verify zoning before you sign anything. This is the one category where the answer can be a flat no.

Where the Certificate sits in the larger process

The City describes the commercial development process in stages: zoning, plan intake, plan review, permit process, inspections, utility release, and then the Certificate of Occupancy.

Reading that order tells you something useful. For new construction, the Certificate is issued upon completion of all required inspections. It is the end of the process, not the beginning. If your project involves construction, the Certificate is downstream of everything else going right.

Related: for a shell building with multiple suites that is not finished out but is ready for occupancy, the City issues a Certificate of Completion on the shell permit, and also for construction projects that do not require a new Certificate of Occupancy. Inspections still have to be approved in either case.

Temporary Certificate of Occupancy

A contractor can request a Temporary Certificate of Occupancy at various stages of the building process. It allows occupancy of certain portions of the building once work is completed and the structure is safe.

The City’s own example is worth quoting because it is exactly the situation restaurant owners find themselves in: a restaurant may require a Temporary Certificate so they can train staff and move in the appliances, equipment, tables and chairs before receiving the formal Certificate of Occupancy.

One caution the City states plainly: it is the contractor’s responsibility to verify that all required inspections for a Temporary Certificate and a full Certificate are issued before any business operation.

Where to go

Development Services operates out of the Cliff Morton Development and Business Services Center, known as the One Stop, at 1901 S. Alamo St., San Antonio, TX 78204. Hours are Monday through Friday, 7:45 a.m. to 4:30 p.m. The main number is 210-207-1111.

You can check in to Development Services through their website, by text message, or through the Qless mobile application rather than simply showing up and waiting.

What actually goes wrong

In our experience the failures cluster:

  1. The change-of-use question is answered without understanding it. This is the single highest-consequence answer on the form.
  2. A required item was missed. Health inspection, parking site plan, an affidavit. The application is not incomplete in an obvious way; it just does not move.
  3. The wrong drawing was purchased. Someone bought a floor plan when the application named a Parking Site Plan, or the reverse.
  4. Zoning was never verified. Especially for alcohol and live entertainment, where zoning can prohibit the use entirely.
  5. The drawings do not match the building. Old landlord drawings from three tenants ago, submitted as though current.

Numbers three and five are documentation problems, which are the fastest and cheapest kind to fix. Number four is the one that can end a project, and it costs nothing to check before you sign a lease.

If you are already stuck

Find the exact document the City sent you, not your memory of it. That document contains the specific list, and everything else follows from it.

If you cannot make sense of it, send it to us and we will read it and tell you what it is asking for. That part does not cost you anything and it does not commit you to anything.

A note on this page

This is an independent explanation written to help business owners understand the process. It is not the City’s guidance, it is not legal advice, and it is not a substitute for reading what you were actually sent. Requirements vary by project, use, building conditions and jurisdiction, and they change. Every factual statement above is drawn from the official sources listed below, checked on the date shown. Verify anything binding with the City directly.

Official sources

For anything binding, go to the authority having jurisdiction. This article is an independent explanation, not government guidance and not legal advice.

Questions about this topic

Does every business in San Antonio need a Certificate of Occupancy?

According to the City of San Antonio Development Services Department, a Certificate of Occupancy is required for all businesses in the City, and no building or structure can be used or occupied until the department has issued one. In a multi-tenant building, each tenant space obtains its own Certificate based on the approved use.

I am not changing the use of the space. Do I still need a new one?

Not necessarily. The City distinguishes two paths. If there has been no change in business use or occupancy, Development Services can update the information on the existing Certificate. If the occupancy or business use has changed, you may be required to apply for a new Certificate. Certain business types always require a new Certificate even when the use stays the same.

Which businesses always need a new Certificate?

The City lists Bed and Breakfasts, Boarding Homes, Community Homes and Assisted Living Facilities, Head Shops, Live Entertainment, Salvage Yards and Metal Recycling Facilities, and Transitional Homes. Those may also require Occupancy Classification Letters.

Can I move equipment in before I have the Certificate?

That is what a Temporary Certificate of Occupancy is for. A contractor can request one at various stages so that portions of the building can be occupied once work is complete and the structure is safe. The City's own example is a restaurant training staff and moving in appliances, equipment, tables and chairs before receiving the formal Certificate. It is the contractor's responsibility to verify the required inspections are issued before any business operation.

What drawing does the application actually ask for?

The Certificate of Occupancy application does not ask for a floor plan by name. What it repeatedly names is a Parking Site Plan, required for a long list of business types including food and drink establishments when there is a change of use. Floor plans commonly come up separately, through the building permit and plan review side of a project. That distinction matters, because people often buy the wrong drawing.

Send us what the City asked for

Upload the notice, email, correction report or plans you received. We will review the situation and tell you what the next step is.